Legal Question in Family Law in California
I have a current child support order (signed stipulation) for a little less then the recommended amount based on a 20% custody.
My ex and I have just finished going to court for custody issues and the new order gives him 38% custody on paper however, the order stipulates that the children have the choice if they want to go to the visits. In the last month my son has gone for 85 hours and my daughter has only gone for 5 hours.
My Ex is now wanting me to lower the child support based on the 38% custody and says that if he takes it to a judge they will lower it. My question is will the judge only look at the percentage of time allotted in the order or will they take into consideration the actual amount of time the kids go to visit.
1 Answer from Attorneys
It's very unusual for a child custody order to give the children unlimited control over whether or not they see the other parent. If your children are close to the age of majority, they have some latitude on the development of the timeshare because of their other social activities, school events etc.
The court calculation for child support is based upon the actual timeshare. If the noncustodial parents timeshare is less, then the support obligation would increase for the noncustodial parent.
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